DACA in the Supreme Court Explanation


DACA in the Supreme Court Explanation

The Supreme Court heard arguments for and against DACA on November 12, 2019. Why? The Trump Administration tried to end DACA. Three courts told it they could not. Now the Supreme Court is deciding if it can. Immigration attorney, Andres Mejer, explains what was argued by both the Department of Justice attorney and the attorney for DACA.

Transcript (Transcripción):

Andres Mejer: Number two, DACA arguments. This is the second subject for our English segment of our radio show, Para Ser Legal to be legal. November 12th, 2019. The Supreme Court United States heard oral argument on whether DACA can be eliminated. So let me give you a little bit of background. Context is important. September. So September 5th, 2017, Trump administration tried to end the program that Obama administration created in June 2012 and implemented in August 2012. That program granted about 800000 Dreamers protection from deportation with work authorization if they met certain criteria. Up until November 12th, that Trump administration had said they had no choice but to stop the program because the program was illegal and unconstitutional from when it was first created in 2012. Let me repeat that they had no choice but to eliminate it because it’s illegal. That was the very simple justification. 

Andres Mejer :They didn’t say as a policy reason we view the pros and the cons, and we believe that in the exercise of our discretion that this is not what we should be doing. They didn’t say that. They just said it’s illegal. Period. End of story. Three federal courts disagreed and said, listen, what? The administration revokes a policy where so many people, businesses and even the US economy relies on. The administration has to provide to provide a fully supported decision weighing the pros and cons Now those three. 

Andres Mejer :Those decisions then went to the Supreme Court. Now the government’s attorney. Noel Francisco, interestingly, sounds like like an immigrant, but you never know when he opens. Is the argument for a Supreme Court count the justices, they have no authority to review the policy change because DACA is a discretionary program created by the Obama administration and then removed under the Trump administration. So the justification is that DACA uses price, you know, the executive’s prosecutorial discretion to defer the deportations for qualified individuals, meaning I the government agency is using my discretion to eliminate to create a program or to eliminate the program. And for that reason, Supreme Court has no authority to comment on it whatsoever. Now, Judge Ginsburg counter and say, women, you tell me this is a discretionary matter and it does not review reviewable because it’s committed to agency discretion. 

Andres Mejer :But you’re also telling me the agency had no discretion because the program was illegal. How can that be? You can’t. You can’t have you can’t have both sides of the cake. It’s one or the other. Either it’s illegal and no discretion or it is discretion. And we can’t review. We can’t touch it. Which is it? Now, when a DACA attorney, particularly Theodore Olson, when he made his argument, the conservative judges and judges, well, that they’re allowed to say and there’s five of them.

So Judge Alito gave this example. He said, listen, if the administration decides not to prosecute drug cases involving less than five kilos of cocaine and the next administration decides to change the amount to three kilos, would that be reviewable by the courts? No words. He’s making an an an analogy where an agency uses its discretion to do one thing and another one modifies it. And that modification should be reviewable? He asks. Tongue in cheek, because he knows the answer to that should be no.

Now lawyer Olson responded. Listen here. It’s different because of the huge amount of people, industries and businesses that have relied on the program. If the government wants to change the program, it has to lay out good reasons for doing so, not just say was illegal. By the way, I think that argument sucks, but that was that was Lawyer Olson’s argument. And Judge courses responded, called them. What more do you want the government to say? You want us to then litigate? You wanted to litigate for five years whether the explanation was adequate or not. In other words, that is not a precedent we want to begin. That is going to open up a lot of litigation to the Supreme Court and they’re not inclined to go down that road.

But Olsen responded, the judge court said, listen, we don’t know what the Trump administration would do. They do want to own that decision. They just would like the attorney general saying it was illegal. They’re not using their discretion. Now government’s attorney in his rebuttal said that’s not true anymore. Trump administration has decided that even if the courts decide that DACA is legal, they the Trump administration will shut it down. Now there are five conservative judges and four liberal judges. It likely will come down to a party vote.

But you never know. Remember the Affordable Care Act, Obamacare? Chief Justice Roberts decided with the liberal wing to I mean, he tried to split the baby a little bit, but at the other day he still kept the Affordable Care Act. And there are laterl challenges and they may all be go away. But the point is, just because he’s a conservative doesn’t mean he’s automatically going to know gonna. Vote in favor of Thomas Alito, Korsage and Cavinogh. Only time will tell if you have DACA? Don’t wait. 

Share This Post!

Related Posts

Call Us Today!


New Jersey Immigration Attorney

Need help?

Got questions?

New Jersey Immigration Attorney

We're here 24/7.
Call Now!



Eatontown, NJ


Address

286 RT 35
Unit D
Eatontown, NJ 07724

Map/Directions

Lakewood, NJ


Address

212 2nd Street
Suite 104
Lakewood, NJ 08701

Map/Directions

Newark, NJ


Address

50 Park Place
Suite #1101
Newark, NJ 07102

Map/Directions

Edison, NJ


Address

1929 NJ-27
Edison, NJ 08817

Map/Directions
Address

1065 US-22 Suite 2B
Bridgewater Township, NJ 08807

Map/Directions

Freehold, NJ


Address

36 W Main St, Suite 302,
Freehold, NJ 07728

Map/Directions

Copyright 2021 Provencher and Flatt, LLP - All Rights Reserved. Powered by Advantage Attorney Marketing & Cloud Solutions

Free Deportation Risk Assessment

Where you ever caught at by immigration and returned to your country? (¿Dónde alguna vez te pilló inmigrando y regresaste a tu país?)*

Have you ever been arrested for any reason? (¿Alguna vez te han arrestado por alguna razón?)*

How many times have been arrested? (¿Cuántas veces han sido arrestados?)*

Were you arrested for any of the following reasons? (Check all that apply) (¿Te arrestaron por alguna de las siguientes razones?)

Have you ever filed for an immigration benefit and been denied? (¿Alguna vez ha presentado un beneficio de inmigración y se le ha negado?)*

Have you entered the US illegally more than once after 1997? (¿Ha entrado ilegalmente en los Estados Unidos más de una vez después de 1997?)*

Do you owe back child support? (¿Debes manutención infantil?)*

Arrested in New Jersey

Request Your Free Copy

Solicite su copia gratuita

Immigration Book

Request Your Free Copy

Solicite su copia gratuita

Immigration Attorney

Request Your Free Copy

Solicite su copia gratuita

Find Out Immediately If You Qualify for Legal Status

Subheading

Your privacy is important to us. We will keep the information you provide strictly confidential. We only use your information to determine if you may be eligible for immigration benefits in the United States. The information we provide should not be construed as legal advice and submission of this form does not create an attorney/client relationship.

Ingrese la siguiente información para aceptar los términos y condiciones.

Enter the following information to accept the terms and conditions.

Start Here!

Información Personal / Personal Information

Subheading

Idioma Preferido*

Preferred Language

Fecha Nacimiento*

Date of Birth

Pais de Nacimiento*

Country of Birth

Entradas a las EEUU / Entries into the US

Subheading

Fecha Entrada*

Date of Entry

Entrada Legal*

Did you enter legally?

Background

Subheading

¿Tiene usted padres, conyuge o hijos mayores de 21 anos,Que ha estado o esta en las fuerzas armadas Americanas?*

Do you have a parent, spouse, or child over 21 who is or was in the US military?

¿Tiene usted padres,conyuge o hijos mayores de 21 anos, ciudadanos Americanos o residentes permanentes?*

Do you have a parent, spouse, or child over 21 who is a US citizen or lawful permanent resident?

¿Ha tenido usted, sus padres o sus abuelos un estado legal en los EEUU?*

Did you, your parents, or your grandparents ever have legal status in the U.S.?

¿Esta considerando matrimonio con us ciudadano Americano o residente permanente? ( mismo sexo incluido)*

Are you considering marriage to a US citizen or green card holder (same-sex marriage included)?

Background

Subheading

¿Alguien ha peticionado a su favor por motivos de inmigración?*

Has anyone ever filed an immigration petition for you before?

¿Ha sido usted deportado o esta usted en procedimiento de deportación ahora?*

Have you ever been deported or are you in deportation proceedings now?

Ha sido abusado por sus padres, conyuge o hijo mayor de edad?*

Has your parent, spouse, or adult child been abusive to you?

¿Si es asi, fue previo a Abril 30 del 2001?*

If so, was it before April 30, 2001?

Background

Subheading

¿Fue usted, conyuge, sus padres, pareja o sus hijos victimas de de un crimen violento en los EEUU?*

Were you, your parents, siblings, spouse, partner, or children a victim of a violent crime in the US?

¿Es usted menor de 21 años y soltero?*

Are you under 21 and not married?

¿Tiene usted un padre, conyuge o hijo menor de 15 anos con requerimientos especiales médicos (dificultades de estudio, alergias severas, asma u otra condición medica severa)?*

Do you have a parent, spouse, or child under 15 with medical or special needs (learning disability, severe allergies or asthma, or other serious medical condition)?

¿Fue usted maltratado, abusado o abandonado por sus padres?*

Did your parents mistreat, abuse, or abandon you?

Background

Subheading

¿Tenia usted 30 anos o menos en Junio, 15, 2012?*

Were you 30 years or under on June 15, 2012?

¿Tenía usted 15 años o menos en su primera entrada en los EEUU?*

Were you 15 years old or younger on your first entry into the US?

Click below now to see if you qualify!

¡Haga clic abajo ahora para ver si califica!

New Jersey Immigration Attorney

Get Instant Access

Enter your name and email address below to get instant access.

New Jersey Immigration Attorney


¡Obtenga acceso instantáneo ahora!

Ingrese su nombre y dirección de correo electrónico a continuación